Justice S.M. Subramaniam of the Madras High Court on Tuesday suggested that the State government could appoint residential assistants for Indian Police Service (IPS) officers but should not allow trained constables to be used as orderlies.
The judge said it was "an offence" to use constables receiving a salary of around ₹45,000 per month, besides daily allowance, to be used for menial works such as cooking, washing clothes and mopping the residence of higher officers.
"What are the police constables trained for? To do household work? They should be immediately withdrawn from the residences of both serving as well as retired officials and you should institute disciplinary proceedings besides registering a criminal case wherever necessary," the judge said.
Further, lamenting that people were losing confidence in the police force, the judge said: "The police-politician nexus is resulting in unconstitutionality. Such nexus leads to increase in crime rate and people will be the ultimate sufferers."
The practice of top police officers meeting politicians with bouquets, for securing a posting of their choice or for other favours, should also be stopped, the judge stressed.
"According to me, a police officer visiting a politician with a bouquet itself is a misconduct. How will this officer be able to discharge his duties without fear or favour when he himself is a beneficiary of favouritism?" the judge wondered.
Thereafter, the judge also came down heavily on police officers who continue to use black sun films on their official cars in violation of a Supreme Court order. "What authority do they have to violate the Supreme Court order that too in a government vehicle?" he asked.
The oral observations were made during the hearing of a writ petition in which the judge had taken note of alleged misuse of office by higher police officers who engage orderlies, overstay in residential quarters, affix black sun film on their cars and so on and called for government response.
Additional Advocate General P. Kumaresan told the court that Chief Minister M.K. Stalin had already insisted that the police department must function independently without political interference.
The Chief Minister had instructed the government officials as well as others to avoid the practice of offering bouquets and instead give books which could be donated to needy libraries. Even in respect of overstaying in residential quarters, he had ordered necessary action, the AAG said.
Further, the Home Secretary had now ordered for collection of details of all those who had been overstaying in residential quarters across the State, the AAG said and sought six weeks time to report progress.
He also assured the court that necessary action would be taken on the issue of orderlies. The judge commended the government for the quick steps taken by it and adjourned the matter for reporting progress.
